SUNDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India is filed by the petitioner for writ of certiorari for quashing letter No. F.33(6)/39/86-L&B/Alt/25121 dated 7th November, 1990 from Delhi Administration, Land & Building Department, herein respondent No. 3 whereby the petitioner s claim for allotment of alternative residential plot in pursuance of scheme of large scale acquisition, development and disposal of land in Delhi 1961 was rejected.

(2.) The petitioner s predecessor-in-interest Smt. Har Dai owned and possessed a fruit garden bearing Khasra No. 52 & 53/2, measuring 11 bighas 3 biswas in the Revenue Estate of Village Rajpur Chawni in the vicinity of Model Town, Delhi. The respondent has acquired the said garden vide Award No. 1290 dated 14th March, 1962 in pursuance of Notification under Section 4 issued on 13th November, 1959 and took the possession. Her entitlement to the compensation and inadequacy of compensation was decided by the Additional District Judge, Delhi vide Land Acquisition Case No. 173/1964 and Case No. 43/1967 on 20th February, 1968 and 9th September, 1968 respectively. Against this order an appeal in the High Court was also dismissed on 20th July, 1976 on technical grounds.

(3.) It was contended that only in 1986, the petitioner came to know about her dismissed appeal in the High Court bearing RFA No. 90/1969 which was afterwards restored back after the delay of about 10 years.